ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.58 of 2020

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

Hearing / Priority Case:

1. For order on CMA No.1635/2021 (Urgent).

2. For order on CMA No.1636/2021.

3. For order on Nazir Report dated 02.04.2021.

4. For hearing of CMA No.856/2021.

5. For hearing of CMA No.21852020.

6. For order on office objection a/w reply as at “A”.

7. For order on CMA No.2186/2020.

8. For hearing of main case.

9. For hearing of CMA No.2187/2020.

(Matter is already fixed in Court on 10.09.2021)

-----------

1^st September 2021

Mr. Javed Iqbal, Advocate for Appellant.

-*-*-*-*-*-

1. Learned counsel seeks urgency on the ground that through concealment of facts and the order passed by this Court in the instant appeal, on 28.08.2021 respondents have obtained an order from the learned executing Court i.e. IIIrd Additional District Judge, Karachi East, in Execution No.02/2010 arising out of Suit No.79/2019, whereby, the appellant has been remanded to jail custody for eleven (11) months or till the recovery of entire decreetal amount. Urgency granted.

2. Through this application, the appellant has prayed that the order passed by the learned IIIrd Additional District Judge, Karachi East on 28.08.2021 in the aforesaid case, whereby, the appellant has been remanded to jail custody for eleven (11) months or till the recovery of the decreetal amount, may be suspended, as according to learned counsel, the same has been obtained through misrepresentation and concealment of facts, and also in violation of the orders dated 26.03.2021 and 20.04.2021 passed by this Court in the instant appeal, whereby, the appellant was required to furnish tangible security, pursuant to which the property documents were furnished, which were sent for verification and the same have now been verified as reflected in Nazir’s report dated 02.04.2021. It has been further contended by the learned counsel for appellant that the impugned order is otherwise illegal, as there is no concept of sending the judgment-debtor to jail in case of any default in payment of decreetal amount, particularly when the matter is subjudice in appeal before this Court.

Let notice of this application be issued to the respondents, to be served through first three modes, for 10.09.2021 when it is already fixed, whereas, reply/counter-affidavit, if any, shall be filed before next date with advance copy to the learned counsel for appellant. In the meanwhile, the operation of the impugned order dated 28.08.2021 passed by the learned executing Court i.e. IIIrd Additional District Judge, Karachi East in the aforesaid case shall remain suspended and the appellant shall be released from jail forthwith subject to furnishing solvent surety in the sum of Rs.25,000/- (Rupees twenty-five thousand only) with P.R. bond in the like amount to the satisfaction of the learned executing Court. Copy of this order be communicated to the concerned authorities for compliance.

3-9. Deferred.

J U D G E

*Farhan/PS*